Hillary finds herself out in the cold as McCain and Obama clash on Iraq

By DAVID GARDNER

Last updated at 22:02 28 February 2008

Hillary Clinton was left out in the cold last night as John McCain and Barack Obama clashed on Iraq in what could be a prelude to November's presidential election battle.

But while runaway Republican favourite Mr McCain, 71, was targeting Mr Obama as his likely Democratic foe, new questions loomed over his own eligibility to run as president.

Born in Panama, where his American naval officer father was stationed, he would be the first-ever president with an official birthplace outside the 50 states.

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Although no major figures have gone so far as to suggest Mr McCain's withdrawal from the race, political blogs on the Internet have been buzzing for days about the US Constitution mandate that only a "natural born citizen" can hold the nation's highest office.

The issue has snowballed on the Net, with countless chatrooms debating it.

But now it has reached the pages of some of America's most respected newspapers, such as the New York Times and the International Herald Tribune.

Now the former Vietnam prisoner of war's campaign chiefs have asked former Solicitor General Theodore Olsen to prepare a detailed legal analysis in case Mr McCain's credibility is challenged.

Supporters insist the likely Republican nominee would win any court challenge to his legitimacy.

But Sarah Duggin, an associate professor of law at Catholic University of America in Washington DC, told the New York Times that although there are "powerful arguments" that Mr McCain is constitutionally qualified to be president, "it's not a slam dunk situation."

The American constitution, which was drawn up by the country's founding fathers in 1787, says that the President of the United States has to be a "natural born citizen."

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Republican candidate John McCain has tied his presidential bid to Iraq

That has ruled out otherwise possible candidates such as California Governor Arnold Schwarzenegger, who would be a popular Republican choice except for the fact he was born in Austria.

Legal experts have long argued over the exact interpretation of the law, but multiple experts and scholarly reviews say the issue has never been definitively resolved by either the American Congress or the Supreme Court.

The founding fathers gave scant explanation for the rule, which has led to confusion and debate over their precise meaning.

The phrase "natural born" was in early drafts of the Constitution.

Scholars say notes of the Constitutional Convention give away little of the intent of the framers.

Its origin may be traced to a letter from John Jay to George Washington, with Jay suggesting that to prevent foreigners from becoming commander in chief, the Constitution needed to "declare expressly" that only a natural-born citizen could be president.

Senator Lindsey Graham, Republican of South Carolina and one of McCain's closest allies, said it would be incomprehensible to him if the son of a military member born in a military station could not run for president.

Both father and son had put their lives on the line for the US.

Referring to McCain's father, Graham said: "He was posted there on orders from the United States government.

"If that becomes a problem, we need to tell every military family that your kid can't be president if they take an overseas assignment."

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Arizona senator McCain, who is expected to lock up the Republican nomination at next Tuesday's votes in Texas and Ohio, is confident he will be on the presidential ballot on November 4.

And judging from his remarks on the campaign trail this week, he is expecting Barack Obama to be on there with him.

He locked horns with Mr Obama, 46, over Iraq and terrorism in a long-distance spat that left Mrs Clinton, 60, sidelined as she tried to shore up her fading support in Ohio, one of the two contests she must win next week for the continued viability of her once-powerful campaign.

Mr Obama, who has won eleven straight votes in the Democratic nomination race, set his sights on Mr McCain in a strategy meant to suggest his victory over Mrs Clinton was a foregone conclusion.

Claiming that Mr Obama is naïve on national security, Mr McCain mocked his remarks in a televised debate on Tuesday when the Illinois senator said he would withdraw US troops from Iraq.

Mr Obama said: "As commander in chief, I will always reserve the right to make sure we are looking out for American interests.

"And if al Qaeda is forming a base in Iraq, then we will have to act in a way that secures the American homeland and our interests abroad."

Drawing laughter at his opponent's expense at a rally in Tyler, Texas, Mr McCain said: "I have some news. Al Qaeda is in Iraq. It's called 'al Qaeda in Iraq'."

Campaigning in Ohio, Mr Obama shot back: "I have some news for John McCain. There was no such things as 'al Qaeda in Iraq' until George Bush and John McCain decided to invade Iraq."

Noting his Republican opponent's declaration that he would follow Osama bin Laden to the "gates of hell" to catch him, Mr Obama brought a crowd of 7,000 to its feet in Columbus, saying: "All he has done is to follow George Bush into a misguided war in Iraq."

Mrs Clinton stuck to America's economic woes as she campaigned through Ohio. "What's important is that we have a lot of people yet to vote," she said, emphasising that she has no intention of quitting the race.

Mr Obama showed further signs of his snowballing momentum yesterday by closing in on his rival's once big lead in Pennsylvania.

Her 16-point lead a fortnight ago has been cut to just six, by 49% to 43%, and the primary is not until April 22, giving him plenty of time to make up the difference.